HUD Releases Two PIH Notices

Recently, HUD released two new PIH Notices. The first is titled “Housing Opportunity Through Modernization Act of 2016 (HOTMA) – Implementation of Minimum Heating Standards in Public Housing Properties” and the second is titled “Partnering with Utility Companies on Energy Performance Contracts.

The first notice provides implementation guidance related to the minimum heating requirements within public housing dwelling units as required by Section 111 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). For a PHA where state or local minimum heating standards do not exist, the PHA shall use the following minimum heating requirements for public housing dwelling units in order to comply with Section 111 of HOTMA:

  • Minimum Temperature:
    • If PHA-controlled, the minimum temperature in each unit must be at least 68
      degrees Fahrenheit.
    • If tenant-controlled, then the heating equipment must have the capability of
      heating to at least 68 degrees Fahrenheit.
  • Minimum Temperature Capability:
    • PHAs are allowed flexibility in maintenance of the indoor temperature when
      the outdoor temperature approaches the design day temperature.2 At no point
      should indoor temperatures in occupied space drop below 55 degrees
      Fahrenheit. This flexibility applies when at least one of the below criteria are
      met:

      • The outside temperature reaches or drops below the design day
        temperature, or
      • The outside temperature is within five degrees Fahrenheit of the design
        day temperature for more than two continuous days.
  • Measurement:
    • Temperature measurements must be taken three feet above the floor and two
      feet from an exterior wall in a habitable room.

The second notice, “Partnering with Utility Companies on Energy Performance Contracts,” provides supplemental guidance for Notice PIH 2011-36 and any update which concerns implementing Energy Performance Contracts (EPCs) at PHAs. The notice also introduces a new initiative called the EPC Utility Partnership Program (UPP). The purpose of EPC-UPP is to encourage more PHAs, especially small- and medium-sized PHAs to consider the “potential benefits of implementing an EPC in partnership with utility companies.” This Notice also includes a new simplified approval and verification process for low-risk EPC projects.

Special Admin Fees Available for Small Area FMR Implementation

Earlier today, the Housing Voucher Financial Management Division sent a notice via email reiterating that additional administrative fees are available for PHAs that are implementing Small Area Fair Market Rents (FMRs). Eligible activities include but are not limited to the following:

  • Outreach to families and landlords;
  • Development of additional briefing materials;
  • Hiring of additional staff;
  • Staff training;
  • Changing rent reasonableness methodology; and
  • Software modification.

Both PHAs that must mandatorily implement Small Area FMRs and PHAs that choose to voluntarily implement Small Area FMRs are eligible to apply. To apply, PHAs must submit the following:

  1. Letter addressed to Steven Durham, the Director of the Office of Housing Voucher Programs, requesting reimbursement of costs for adoption of Small Area FMRs;
  2. A board resolution confirming the adoption of Small Area FMRs;
  3. Supporting documentation showing expenses incurred or estimated;
  4. Narrative describing how the above expenses tie to Small Area FMR implementation; and
  5. Certification Signature of the Executive Director.

Electronic applications should be submitted no later than 3 pm ET on Friday, Dec. 31, 2018. Applications should be emailed to PIH.Financial.Management.Division@hud.gov. The subject line must include the PHA Code and the text “SAFMR – Special Fee Request.”

The full notice sent in the email can be found here.

[11/13/2018 3:20 pm ET edit – The link above has been revised to reflect that HUD sent another letter correcting a date in the attachment.]